Xi, Wang; Huaguo, Yang; Lu, Fu --- "Solution to Compensation for Transboundary Pollution Damage: A Case Study on the Songhua River Pollution Accident" [2011] ELECD 314; in Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood (eds), "Compliance and Enforcement in Environmental Law" (Edward Elgar Publishing, 2011)

Book Title: Compliance and Enforcement in Environmental Law

Editor(s): Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448315

Section: Chapter 10

Section Title: Solution to Compensation for Transboundary Pollution Damage: A Case Study on the Songhua River Pollution Accident

Author(s): Xi, Wang; Huaguo, Yang; Lu, Fu

Number of pages: 14

Extract:

10. Solution to Compensation for
Transboundary Pollution Damage: A
Case Study on the Songhua River
Pollution Accident
Wang Xi*, Yang Huaguo** and Fu Lu***


1. INTRODUCTION

On 13 November 2005, an explosion in a plant of Jilin Chemical Industrial
Company Ltd., China National Petroleum Corporation, located nearby the China-
Russia border, polluted the Songhua River, and the polluted water in the Songhua
River, with a very high concentration of nitrobenzene, flowed into the China-
Russia boundary river - the Heilong River. This might have had a significant
harmful environmental impact in Russia. It was called the Songhua River
pollution accident. Because effective measures were taken by China to clean the
polluted water and prevent it from flowing into Russia, when the polluted water
reached the Chinese-Russian Border, it became clean and met the Chinese
standard for drinking water. Although no substantial environmental and economic
damage happened on the Russian side, this case is still an interesting case. It
raises a number of questions that challenge contemporary international law
related to trans-boundary pollution.
When pollution originating in one country crosses the frontier, leading to a
negative impact on the environment of other countries, it constitutes trans-
boundary pollution damage. 1 Draft Articles on Prevention of Trans-boundary
Harm from Hazardous Activities adopted by the United Nations International
Law Commission in 2001 define "trans-boundary harm" as "harm caused to
persons, property or the environment" and "harm caused in the territory of or in
other places under the jurisdiction or control ...